Legal Question in Employment Law in California

1. I am an exempt employee i was out of work twice per doctor order for a week each time. I worked from home one of the weeks and have worked MANY HOURS from home and on weekends after work and my employer randomly deducted 1/4 of my last paycheck saying it was for negative sick pay. can they do this?

2. due to illness my doctor has issued sick leave. i asked if i could work form home , employer said they do not allow that even though they clearly have do . employer denied fmla and put me on mandatory 30 leave no pay, has stated they will not guarantee job after due my unreliability due to illness and they have taken back my laptop, (which was part of my offer package at hire) and all company access this does not seem right ?

-------In reviewing my pay stubs for this year , my PTO is all over the map, fluctuating from positive to negative, incremental , etc with each pay period. When I logged in ADP (our payroll company) the dates on record for my PTO and hours do not match the paycheck deductions or the amount my employer deducted.

------- With the amount that my employer deducted, and her making me take unpaid 30 day leave mid month, my income dropped below minimum for exempt employees and I have verified I am Exempt....Training Manger

-------My employer will not answer directly if I am employed, fired, etc. but of course quotes " we will try to reasonably accommodate you when you return" however , along with taking back comp property and deactivating all my company log ins, she also terminated my health and dental benefits. another attorney I spoke with said that means they have terminated me.

------Regarding the laptop they are trying to take, they are actually coming to my home and banging on my door , shouting my name and leaving notes on the door for it. I KNOW that they cannot be harassing me like that ...especially knowing I am out ill

I feel that they have a laundry list of violations here and I just wanted to get better. Instead, I am even more stressed due to what my employers reaction was to my needing sick leave. They left me without money or insurance when I am sick. My paycheck from the 15th that was deducted didn't even pay full rent. I cannot afford to go to any of my scheduled medical appointments or get the 5 prescriptions I need . SDI will take at least a month. I'm shocked at the route they have chosen and do not want them to get away with this. They are notorious for doing whatever they want regardless of the HR Laws and no one ever stands up to them

Asked on 8/01/13, 3:43 pm

1 Answer from Attorneys

Kristine Karila Law Office of Kristine S. Karila

There are alot of issues in your question. Call an employment law attorney to discuss the facts and the law as to the issues. Many employment law attorneys offer a free initial phone consultation.

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Answered on 8/01/13, 3:50 pm

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